Employers can relax and enjoy the Florida sunshine. Here is why: On April 24, 2025, the Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. Not yet signed by Governor DeSantis, but with his signature expected, it is set to go into effect on July 1, 2025. While certain to have some Florida employers smiling this summer, others – particularly those that tend to hire from within the same industry or market – may see stormy clouds on the horizon.
At a high level, Florida's CHOICE Act creates a framework for enforcing garden leave and non-compete agreements. The Act makes it easier to enforce covered garden leave and non-compete agreements if certain statutory requirements are met; it creates a presumption that covered garden leave and non-compete agreements are enforceable and requires courts to issue a preliminary injunction to prohibit a covered employee from violating a covered garden leave or non-compete agreement.
In addition, Florida's CHOICE Act only allows courts to modify or dissolve a preliminary injunction if the employee proves by "clear and convincing evidence" that their new employment will not result in unfair competition or that the employee did not receive the consideration set out in the agreement at issue. Bottom line: the CHOICE Act is very favorable to employers desiring to enforce garden leave and non-compete agreements.
Florida's CHOICE Act applies to...
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